Finding a place to call home should be based on your needs and preferences, not discriminatory practices. In Virginia, the Fair Housing Act protects your right to fair housing, ensuring equal access to housing opportunities regardless of certain personal characteristics.
This blog post provides an overview of the Virginia Fair Housing Act, outlining who it protects, what types of housing are covered, and what discriminatory practices are prohibited.
Federal Fair Housing Act
The Federal Act, enacted in 1968, is a landmark piece of legislation that prohibits housing discrimination. At its core, the act ensures that everyone has access to housing opportunities. Every individual has the right to secure housing free of discrimination, regardless of race, color, religion, sex, national origin, disability, or familial status.
Federal Agency in Charge of Fair Housing Laws
The federal agency in charge of overseeing and enforcing the Fair Housing Act is the United States Department of Housing and Urban Development (HUD).
Who is Protected under the Fair Housing Act in Virginia?
The Virginia Fair Housing Act goes beyond the federal protections stated in the Federal legislation. The Virginia law expands protections against prejudice based on a broader range of characteristics. Landlords must be aware of and adhere to the protected classes listed below:
Race and Color: As housing providers, landlords must ensure that all tenants are treated equally, regardless of their racial or ethnic background.
Religion: All individuals, regardless of their faith, should have access to housing opportunities.
National origin: Individuals cannot be discriminated against due to their national origin or ancestry.
Sex (including gender identity and sexual orientation): Landlords must treat all tenants fairly, regardless of their gender identity or expression.
Disability: Landlords must make reasonable accommodations to ensure that individuals with disabilities have equal access to housing.
Familial status (presence of children under 18): Families with children under the age of 18 are protected under the Fair Housing Law. Discrimination against families with children, including restrictions on occupancy, is strictly prohibited. What’s more, landlords cannot treat individuals differently based on whether they are married, single, divorced, or widowed.
Age: Landlords must treat individuals equally regardless of their age, ensuring that housing opportunities are not denied based on age-related factors.
Source of income: Landlords must consider all legitimate sources of income when evaluating a tenant, including income from employment, government assistance, or other lawful sources.
Military status: Discrimination against individuals based on their military status is not allowed. This includes active-duty service members, veterans, and members of the National Guard or Reserves. Those with this military status may also have permission to terminate their leases early under certain circumstances.
Providing Fair Housing Access
Fair housing requires a comprehensive approach that encompasses the entire rental process. Below is a breakdown of important landlord considerations:
Making Reasonable Accommodations: Make reasonable accommodations for tenants with disabilities so that they can enjoy the premises equally to others.
Advertising: Make sure that all advertisements are inclusive, and avoid using language that implies a preference for or against a specific group of people.
Screening: Use consistent screening requirements for all applicants, emphasizing financial factors and rental history over protected characteristics.
Renting: Provide nondiscriminatory housing opportunities, ensuring that all tenants have the same access to amenities and services.
Answering Inquiries: Respond to a prospective tenant inquiry consistently and honestly. Questions that may lead to discriminatory decisions should be avoided.
Pricing: Determine fair and consistent rent and security deposit fees for all tenants. Pricing discrimination based on protected characteristics is strictly prohibited.
Accepting Applications: Treat all applicants fairly, regardless of race, color, religion, gender, national origin, familial status, or disability. Establish clear and non-discriminatory tenant selection criteria.
Evictions: Ensure that evictions are carried out for valid reasons like non-payment of rent or lease violations and not for discriminatory purposes.
Providing Equal Housing Opportunity
To prevent discrimination, providing equal housing to a tenant entails understanding and adhering to the Fair Housing Act. Landlords must be aware that, while the act prohibits discrimination against families with children, reasonable policies regarding maximum occupancy can be established.
These policies, however, should be consistent with local housing codes and avoid arbitrary restrictions that disproportionately affect families with children, as this could result in violations.
Furthermore, landlords in Virginia are required to make reasonable accommodations for a tenant with disabilities, such as allowing service animals and modifying premises to ensure equal access to housing. Landlords must recognize and eliminate unequal treatment, denial of housing opportunities, and disparate impact in their rental processes to combat housing discrimination.
What Types of Housing are Covered?
The Fair Housing Act covers most types of housing, including:
Apartments and houses for rent
Homes for purchase
Public housing
Manufactured homes
Student housing
However, some limited exceptions exist, such as owner-occupied buildings with four or fewer units.
What is Prohibited?
The Act prohibits a wide range of discriminatory practices, including:
Refusing to rent or sell housing
Charging different rent or sale prices
Setting different terms or conditions
Making housing unavailable
Harassment or intimidation
Advertising with discriminatory language
Denying reasonable accommodations for disabilities
Examples of Discrimination:
A landlord refuses to rent an apartment to a family with children.
A real estate agent steers a buyer of color away from certain neighborhoods.
A homeowner's association prohibits residents from having emotional support animals.
In Essence
The intricate landscape of fair housing regulations can often present landlords with a formidable challenge, one that requires specialized expertise and a deep understanding of the constantly evolving legal framework. This is where Better Living Management emerges as a trusted ally, offering rental owners in Northern Virginia a comprehensive solution to navigate these complexities while fostering a positive and inclusive rental experience for all occupants.
By entrusting the management of their properties to our team of professionals, landlords can divert their focus towards the core aspects of rental ownership, leaving the intricate nuances of fair housing compliance to those well-versed in the field. Our unwavering commitment to fair housing practices and the promotion of inclusivity ensures that rental owners can operate with confidence, secure in the knowledge that their properties are managed in accordance with the highest ethical and legal standards.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for legal guidance specific to your situation.
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